‘Justice should not depend on a zip code:’ Hate crime ordinance under Beaufort Co. consideration
Beaufort County is considering passing a hate crime ordinance, which would make “hate intimidation” a misdemeanor tacked onto other charges in the county’s unincorporated areas.
The proposed ordinance, as it currently reads, would make it illegal to commit a crime “with the intent, in whole or in part, to cause, or cause the fear of, harm, injury or damage to the victim’s person or property because of the victim’s actual or perceived race, ethnicity, national origin, color, religion, sexual orientation, gender, gender identity or physical or mental disability, whether or not the perception is correct.”
Under the ordinance, a hate crime wouldn’t be a charge on its own. An underlying offense would have to be committed before the ordinance would be applied, county staff said.
If passed, the county would join the City of Beaufort and the Town of Bluffton, which have passed their own hate crime ordinances in recent years. South Carolina is one of only two states without a hate crimes law, leaving it up to local municipalities to independently adopt.
“Today in Beaufort County, we have a fractured landscape where justice is determined by a map,” said Risa Sreden Prince, who spoke on behalf of the Lowcountry Coalition Against Hate. “An act of hate or intimidation in Beaufort or Bluffton leads to charges, whereas that same act just a few miles away in an unincorporated area and Hilton Head leads to silence.”
“Justice should not depend on a zip code,” she said.
A person convicted of violating the ordinance could be charged with a misdemeanor. They could be subject to paying a $500 fine, 30 days in prison or both. Parents of convicted minors could be liable for damages, the ordinance said.
Using the word “may” instead of “shall” in the ordinance allows for law enforcement and prosecutors to exercise discretion when applying the charge, avoiding potential interference when prosecuting more serious offenses that could be trivialized by adding a 30-day maximum penalty, County Attorney Brian Hulbert said.
On Monday, Beaufort County’s Community Services and Public Safety Committee agreed that the ordinance should move forward to the entire council. The committee also supported a resolution renewing its support for statewide legislation to address acts of violence motivated by prejudice and hate.
It is unclear when county council will decide the fate of the ordinance. The council’s next full meeting is on April 13, but an agenda is not yet publicly available.
